Richard Bistrong: At Compliance Week 2016, Compliance 2.0 takes center stage

Richard Bistrong – The FCPA Blog – May 31, 2016

When prosecutors, regulators, and compliance practitioners agree on anything, I pay special attention.

Last week,  Compliance Week 2016 opened with a panel of Stephen Cohen, Associate Director of the SEC Division of Enforcement and Andrew Weissmann, Chief of Fraud Section of the DOJ Criminal Division. Their topic: “Are We Defining Effectiveness Correctly?”

Cohen and Weissmann were clear about the importance of the independence of the compliance function. The issue of reporting relationships, from their perspective, wasn’t as significant as the weight of compliance being able to voice disagreement, deal with conflict, and integrating into the business.

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Read this article on The FCPA Blog.

Hui Chen, Walmart and the Radical Transformation of Compliance?

Mike Scher – The FCPA Blog – May 27, 2016

In my last post I discovered the power of images to make a point, like the ribbons of marble floating on air. The Blue Marble, NASA”s image of earth from space, changed how we see the planet, our home.

The radical transformation of compliance in the last four years is hard to grasp. There is astonishing momentum since the Walmart story broke in 2012. However, the upcoming DOJ settlement with Walmart (if there is one) will test that momentum. With a dubious DOJ leak and successful delays in the courts, is this the end of the transformation?

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Read this article at The FCPA Blog.

Mike Scher: A board-backed code of ethics is a cornerstone of Compliance 2.0

Mike Scher – The FCPA Blog – November 9, 2015

In the prior post, I mentioned the role of boards of directors in adopting the company’s code of ethics. In this post, I’ll talk about the critical reasons for board-backed codes of ethics.

As we’ve said, under Compliance 2.0, compliance officers aren’t part of the legal department, and the chief compliance officer isn’t working for the general counsel.

A question, then, is how compliance officers, in their new role without legal department authority, can stop lawful but awful projects? Lawyers have the force of law behind then, and the potential of prosecutions against the company. What will back up the authority of the compliance officer?

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Read this article on the FCPA Blog.

Mike Scher: Federal healthcare guidance already demands Compliance 2.0 standards

Mike Scher – The FCPA Blog – April 28, 2015

During the past month, I’ve been in London at the SCCE European initiative conference and last week at the Florida convention of the Health Care Compliance Association. The month has been an opportunity to gain some new perspective on the community of global compliance officers.

As discussed in the prior post, compliance officers outside America struggle with conditions inside their companies. At the same time, they understand the need for proactive compliance to change their companies and wider communities.

In contrast, compliance officers in healthcare enjoy remarkable support from their chief regulator. The Inspector General of the U.S. Department of Health and Human Services, Daniel R. Levinson, spoke at their annual conference in Florida. He paid tribute to compliance officers and used the occasion to announce the release of important guidance for boards of healthcare organizations.

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Read this article on The FCPA Blog.

Compliance 2.0 professionals come in from the cold

Mike Scher – The FCPA Blog – April 20, 2015

In the black-and-white world of Compliance 1.0, compliance officers labored alone, emerging now and then to nag the sales force about sticking to the rules and staying out of trouble. The sales people and others spent a lot of time pointing fingers at compliance — the Department of No, the Division of Sales Prevention, the Anti-Profit Police.

Fast forward to the Technicolor world of Compliance 2.0. Today compliance is all about staying connected. If you lack the willingness to get connected, you can’t do the work. Compliance 2.0 means sharing and collaborating to solve the hardest corporate problems. Only teams can run innovative global business systems and think about the broader community welfare.

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Read this article at The FCPA Blog.